Common use of Payments Received by Seller Clause in Contracts

Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s own property and funds, and shall deliver said payment to FGI within two (2) business days in the identical form in which received with all necessary endorsements. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default any Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) business days following the date of receipt by Seller, FGI shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s own property and subject to FGI’s sole direction and control.

Appears in 1 contract

Samples: Sale of Accounts and Security Agreement (MamaMancini's Holdings, Inc.)

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Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly immediately notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s own property and funds, and shall deliver said payment to FGI within two (2) business days without delay in the identical form in which received with all necessary endorsements. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default Default any Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) business days Business Days following the date of receipt by Seller, FGI shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s own property and subject to FGI’s sole direction and control. 13 Section 9.

Appears in 1 contract

Samples: Sale of Accounts and Security Agreement

Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly immediately notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s own property and funds, and shall deliver said payment to FGI within two (2) business days without delay in the identical form in which received with all necessary endorsements. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default any Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) on the next business days day following the date of receipt by Seller, FGI shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s own property and subject to FGI’s sole direction and control.

Appears in 1 contract

Samples: Accounts and Security Agreement (Overland Storage Inc)

Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly immediately notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s own property and funds, and shall deliver said payment to FGI within two (2) business days without delay in the identical form in which received with all necessary endorsements. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default Default any Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) business days Business Days following the date of receipt by Seller, FGI shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s own property and subject to FGI’s sole direction and control.

Appears in 1 contract

Samples: Sale of Accounts and Security Agreement (Ads in Motion, Inc.)

Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly immediately notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s own property and funds, and shall deliver said payment to FGI within two (2) business days without delay in the identical form in which received with all necessary endorsementsreceived. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default any Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) business days following the date of receipt by Sellerdays, FGI shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s own property and subject to FGI’s sole direction and control.

Appears in 1 contract

Samples: Sale of Accounts and Security Agreement (Coda Octopus Group, Inc.)

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Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly immediately notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s own property and funds, and shall deliver said payment to FGI within two (2) business days without delay in the identical form in which received with all necessary endorsements. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default any Foreign Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) business days following the date of receipt by Seller, FGI shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s own property and subject to FGI’s sole direction and control.

Appears in 1 contract

Samples: Sale of Accounts and Security Agreement (Ocz Technology Group Inc)

Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly immediately notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s 's own property and funds, and shall deliver said payment to FGI within two (2) business days without delay in the identical form fornl in which received with all necessary endorsements. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default any Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) business days following the date of receipt by Seller, FGI FG I shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s 's own property and subject to FGI’s 's sole direction and control. Section 9.

Appears in 1 contract

Samples: www.sec.gov

Payments Received by Seller. Should Seller receive payment of all or any portion of any Purchased Account, Seller shall promptly immediately notify FGI in writing of the receipt of the payment, hold said payment in trust for FGI separate and apart from Seller’s 's own property and funds, and shall deliver said payment to FGI within two (2) business days without delay in the identical form fornl in which received with all necessary endorsements. Should Seller receive any check or other payment instrument with respect to a Purchased Account or after default any Account and fail to surrender and deliver to FGI said check or payment instrument within two (2) business days following the date of receipt by Seller, FGI FG I shall be entitled to charge Seller a Misdirected Payment Fee to compensate FGI for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. In the event any Goods, the sale of which gave rise to a Purchased Account, are returned to or repossessed by Seller, such Goods shall be held by Seller in trust for FGI, separate and apart from Seller’s 's own property and subject to FGI’s 's sole direction and control.

Appears in 1 contract

Samples: Sale of Accounts and Security Agreement (Zagg INC)

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